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Civil Procedure Flashcards

7 cards from real DE BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 7 Civil Procedure flashcards as text

  1. In the Delaware Court of Chancery, what is the primary limitation on the court's subject matter jurisdiction?

    Answer: It may only hear cases involving equitable claims or requests for equitable relief where there is no adequate remedy at law

    The Court of Chancery is a court of equity with jurisdiction limited to equitable claims and equitable relief where no adequate remedy at law exists.

  2. Under the Delaware Superior Court Civil Rules, how long does a defendant generally have to serve an answer after being served with the summons and complaint?

    Answer: 20 days

    Superior Court Civil Rule 12(a) generally requires a defendant to answer within 20 days after service of process.

  3. A plaintiff sues a Delaware corporation in Superior Court. The corporation believes the dispute is governed by a fiduciary duty claim requiring equitable relief. What is the proper procedural mechanism?

    Answer: Move to transfer the case to the Court of Chancery under 10 Del. C. § 1902

    Section 1902 of Title 10 allows transfer of an action filed in a court lacking jurisdiction to the appropriate Delaware court rather than dismissal.

  4. Under Delaware law, what is the general statute of limitations for a breach of contract action not under seal?

    Answer: 3 years

    Under 10 Del. C. § 8106, actions for breach of contract not under seal must be brought within 3 years of accrual.

  5. In Delaware practice, which court has exclusive jurisdiction over civil claims for money damages of $50,000 or less where the parties seek a jury trial?

    Answer: The Superior Court, because the Court of Common Pleas does not conduct jury trials in civil cases

    Civil jury trials in Delaware are held in the Superior Court; the Court of Common Pleas hears civil cases up to $50,000 but without juries.

  6. A defendant in a Delaware Superior Court action wants to assert a claim against a co-defendant arising out of the same transaction. Which pleading is appropriate?

    Answer: A cross-claim under Rule 13(g)

    Rule 13(g) governs cross-claims, which are claims by one party against a co-party arising from the same transaction or occurrence.

  7. Under Delaware's long-arm statute, 10 Del. C. § 3104, which act by a nonresident does NOT by itself establish personal jurisdiction in Delaware?

    Answer: Owning stock in a Delaware corporation

    Mere ownership of stock in a Delaware corporation does not constitute a jurisdictional act under the long-arm statute, while transacting business, in-state torts, and supply contracts do.